Regarding the crash in which Morgan and several others were injured, Walmart said the injuries “were caused, in whole or in part, by plaintiffs' failure to properly wear an appropriate available seatbelt restraint device.”

“By failing to exercise ordinary care in making use of available seatbelts, upon information and belief, plaintiffs acted unreasonable and in disregard of plaintiffs' own best interests,” wrote lawyers representing Walmart. “Accordingly, all or a portion of the injuries could have been diminished or minimized by the exercise of reasonable conduct using the available seatbelts.”

Morgan's lawsuit against Walmart, which was filed in federal court in Newark in July, says the truck driver, Kevin Roper, 35, hit him because he was overtired after staying awake for 24 hours and falling asleep behind the wheel. The lawsuit accuses Walmart of negligence.

Roper pleaded not guilty to vehicular homicide and four counts of assault by auto.